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Data Breach Liability

Orange County Data Breach Lawyer

Your Privacy Is Our Priority

California voters passed Proposition 24 on November 3, 2020, establishing the California Privacy Rights Act (CPRA). Under the CPRA, consumers are permitted to:

  • Prevent businesses from sharing personal information (PI)
  • Correct inaccurate personal information
  • Limit businesses’ use of sensitive personal information, including:
    • Precise geolocation
    • Race
    • Ethnicity
    • Health information

While the California Consumer Privacy Act (CCPA) became effective on January 1, 2020, the CPRA essentially expands the provisions already included in the CCPA and enforces stricter protections for consumer privacy, including adding regulations on sensitive personal information and harsher penalties for violations involving children’s data. Although many provisions of the CPRA will not become effective until January 1, 2023, businesses are advised to consider the following tips in the meantime:

  • Impose incident response protocol
  • Strengthen security systems and procedures
  • Assess compliance obligations with data collection and retention requirements
  • Enhance transparency with consumers
  • Identify vendors and third parties with which personal information is shared and

With this in mind, it is essential for consumers to take legal action against personal data breaches. Remember, you have the right to privacy in many respects, therefore you must protect those rights with the help of an experienced attorney should they be violated. At the Law Offices of Scott D. Hughes, our Orange County data breach attorney will help you file a data breach liability lawsuit while safeguarding your rights and best interests every step of the way.

To discuss your situation with us during a free consultation, contact our firm online or at (714) 987-2671.

CCPA vs. CPRA: What’s the Difference?

As mentioned above, the CCPA took effect on January 1, 2020, and less than a year later, voters passed the CPRA. The CPRA amends and expands current provisions outlined in the CCPA. For background, the CCPA gives Californians legal rights including:

  • The right to know what personal information is being collected
  • The right to access the data being collected on their behalf
  • The right to know which vendor, third parties, etc. such data is being sold to
  • The right to remove their personal data from those sales
  • The right to delete data that has already been collected

Under the CPRA, however, several significant provisions have been implemented, most of which are likely to take effect in January 2023. The new criteria within the CPRA intends to protect consumers’ privacy and personal information in ways that were not originally outlined in the CCPA. Let’s take a closer look. Among the most significant implications of the CPRA include:

  • Establishes the California Privacy Protection Agency, which is acts as an administrative authority to audit and enforce the CCPA
  • Imposes limitations on how long covered businesses can keep consumer data
  • Creates and imposes separate provisions on sensitive personal information, including consumers’ right to restrict sensitive PI for certain secondary purposes
  • Allows consumers to opt-out of “cross-context behavioral advertising”
  • Requires covered businesses to implement reasonable security procedures and practices for covered personal information
  • Expands applicability to businesses that buy, sell, or share PI of 100,000+ consumers or households, or derives at least 50% of annual revenue from selling or sharing consumer PI
  • Allows consumers to opt-out of automated decision-making technology, request any correction of their PI if it’s inaccurate, and access information about the reasoning behind automated decision-making processes
  • Requires covered businesses to notify third parties to delete any consumer PI under certain circumstances
  • Identifies consumer login credentials as a data type that is eligible for legal action upon breach
  • Prohibits businesses from selling the consumer’s PI

Handling Data Breach Liability Lawsuits Across Orange County

If you believe your California consumer privacy rights have been violated, do not take the risk of filing a lawsuit by yourself. You will likely be unfamiliar with the legal details, processes, and complexities involved in the process and lack the experience needed to successfully resolve your situation. Fortunately, our Orange County data breach lawyer is deeply knowledgeable on the ever-changing CCPA laws and its impacts, and obtains a reputation for achieving successful outcomes on behalf of clients facing legal issues like yours.

When facing data breach violations at the hands of covered businesses, turn to a law firm you can trust. As such, we urge you to contact us online or at (714) 987-2671 today! 

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